The death of a family member triggers a complex process of settling the estate, claiming benefits, transferring properties, and closing accounts. Central to all these is the need to obtain certified copies of the deceased’s legal documents—birth certificate, death certificate, marriage certificate, land titles, court records, and others. In the Philippines, these documents are governed by the Civil Registry Law (Act No. 3753), the Philippine Statistics Authority mandates (RA 10625), the Family Code, the Civil Code provisions on succession, and Rule 103 of the Rules of Court.

This article exhaustively explains the legal framework, step-by-step procedures, required documents, authorized persons, costs, timelines, and practical remedies when documents are lost, delayed, or contested.

1. Death Certificate: The Gateway Document

The death certificate is the single most important document because virtually every government office, bank, insurance company, and court will require it before releasing any information or asset belonging to the deceased.

Where to obtain:
- Primary: Office of the City/Municipal Civil Registrar where the death occurred (issues the official registered copy).
- Secondary: Philippine Statistics Authority (PSA) – issues the security paper (SECPA) version required by banks, GSIS/SSS, PAG-IBIG, embassies, etc.
Who may request:
- Any person (death certificates are public records).
- No authorization letter or proof of relationship is required.
Requirements for PSA online/walk-in request:
- Full name of deceased
- Date of death
- Place of death
- Purpose of request (optional but recommended)
Processing time and cost (as of 2025):
- PSA Serbilis online: ₱365 (Philippines delivery), 5–10 working days national, longer for provincial.
- Walk-in PSA outlets/SM Business Centers: same day or next day pickup possible.
- Local Civil Registrar copy: ₱50–₱200 depending on municipality.

2. Birth Certificate and Marriage Certificate of the Deceased

These are required to prove relationship and heirship.

Who may request the deceased’s birth/marriage certificate:
- The person himself/herself (if living)
- Spouse, parent, direct descendant (child, grandchild), sibling (with proper proof)
- Legal representative with Special Power of Attorney (SPA) duly notarized and, if executed abroad, consularized or apostilled
- Court order (if request is denied)
Acceptable proof of relationship when requesting:
- Your own PSA birth certificate showing you are the child
- Marriage certificate if you are the spouse
- Death certificate of intermediate relatives (e.g., death certificate of your parent to prove you are the grandchild)
Cost and processing: Same as death certificate (₱365 via PSAHelpline.ph or e-Census).

3. Certificate of No Marriage (CENOMAR) of the Deceased

Often required by banks or insurance companies to prove the deceased had only one legal spouse.

Same rules as birth/marriage certificate apply.
Valid for only six (6) months from date of issue.

4. Proving Heirship: Advisory on Heirs and Affidavit of Self-Adjudication

When there are assets to transfer (real property, bank accounts, vehicles, shares of stock), heirs must formally establish who the legal heirs are.

A. Extrajudicial Settlement of Estate (EJS) – Most Common Route

Used when:

The deceased left no will
No outstanding debts (or debts have been paid)
All heirs are of legal age and agree

Required documents to be prepared and notarized:

Death certificate (PSA)
Birth/marriage certificates of all heirs
Affidavit of Self-Adjudication (if sole heir) or Deed of Extrajudicial Settlement (if multiple heirs)
Proof of payment of estate tax (BIR Form 2118-EA + CAR)
Title/Tax Declaration of properties
Publisher’s affidavit + newspaper publication (once a week for three consecutive weeks)

After notarization and publication, the EJS is registered with the Register of Deeds (for land) or LTO (vehicles), etc.

B. Judicial Settlement

Required when:

There is a will (testate succession)
Heirs disagree
There are minor heirs or incapacitated heirs
There are creditors contesting

File a Petition for Probate (if with will) or Petition for Intestate Succession at the Regional Trial Court of the last residence of the deceased.

5. Transferring Land Titles (Torrens Title) Under the Name of the Deceased

Procedure after EJS or Judicial Settlement:

Secure BIR Certificate Authorizing Registration (CAR) – pay estate tax (6% of net estate).
Pay transfer tax at the provincial/city treasurer (0.5–0.75% of fair market value).
Pay capital gains tax if the property is sold by heirs (6% of selling price or zonal value, whichever is higher).
Submit to Register of Deeds:
- EJS or Court Order
- CAR
- Transfer tax receipt
- New Real Property Tax clearance
- Owner’s duplicate title

New titles will be issued in the names of the heirs.

6. Bank Accounts, Insurance, Pensions, and Shares of Stock

Banks (Savings, Checking, Time Deposits)

Policy varies slightly per bank, but generally require:
- PSA death certificate
- Proof of heirship (EJS, Affidavit of Self-Adjudication, or Court Order)
- BIR CAR (if total deposits exceed ₱500,000 in some banks)
- Valid IDs of all heirs
- Notarized Deed of Partition if heirs want to divide the money unequally

Banks will release funds only after estate tax clearance.

GSIS / SSS Death Benefits

Surviving spouse and dependent children automatically entitled.
Requirements:
- Death certificate
- Marriage contract
- Birth certificates of children
- Claim forms (downloadable from GSIS/SSS websites)

PAG-IBIG Death Claim

Same requirements as GSIS/SSS.

Insurance Proceeds

If beneficiary is designated: beneficiary claims directly (only needs death certificate + policy).
If no beneficiary or “estate” is named: proceeds form part of estate and heirs must present EJS or court order.

Shares of Stock (PSE-listed or unlisted)

For PSE-listed shares: surrender stock certificates + EJS + CAR to the stock transfer agent (usually banks such as BDO or BPI).
Medallion Signature Guarantee sometimes required for large holdings.

7. Lost or Unregistered Death/Birth/Marriage

Delayed Registration of Death

File at the City/Municipal Civil Registrar with:

Police report or barangay certification (if death occurred at home)
Affidavit of two disinterested persons
Burial permit
Cemetery plot receipt (if applicable)

Lost PSA Copies

Simply request new copies online. PSA never runs out.

Completely Unregistered Birth of the Deceased (common for those born before 1950)

File Petition for Delayed Registration of Birth under RA 9048/10172 or Rule 108 judicial correction.

8. Special Cases

Muslim Decedents

Governed by the Code of Muslim Personal Laws (PD 1083). Shari’ah District Courts have jurisdiction over estate settlement.

Indigenous Peoples

Customary laws may apply, but for registered lands, Torrens system still prevails.

OFW Decedents Who Died Abroad

Death must be reported to the Philippine Embassy/Consulate, then to DFA Manila for Report of Death, then transmitted to PSA for annotation.

Common-Law Spouse

Not recognized as legal heir unless the deceased had no legal spouse. Common-law spouse has no successional rights under Philippine law.

9. Timelines and Prescription Periods You Must Observe

Estate tax payment: within one (1) year from death (extendible for another year).
Publication of EJS: must be published within one year if real property is involved (to bind creditors).
Claiming SSS/GSIS funeral benefits: within ten (10) years from death.
Action to contest a will: within two (2) years from probate.

10. Practical Tips from Years of Estate Settlement Practice

Start with the PSA death certificate immediately—everything else flows from it.
Open a dedicated estate bank account to deposit all collections and pay all expenses.
Engage a lawyer early if the estate exceeds ₱5 million or involves multiple heirs.
Use PSAHelpline.ph or accredited outlets (SM, Robinsons) to avoid long queues.
Keep at least ten (10) certified true copies of the death certificate—you will need them everywhere.
If siblings are uncooperative, file for judicial partition immediately; delay favors the recalcitrant heir.

The process of accessing and using the legal documents of a deceased relative, while tedious and emotionally draining, is well-defined under Philippine law. With proper documentation and compliance with tax and registration requirements, heirs can efficiently settle the estate and preserve family patrimony for the next generation.